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A08603 Summary:

BILL NOA08603
 
SAME ASSAME AS S07607
 
SPONSORRa
 
COSPNSRPalmesano, Miller M, Gandolfo, Miller B, Manktelow, Morinello, Reilly, Montesano, Brabenec, Durso, Tague, Byrnes, Giglio JM, McDonough, Giglio JA, Lawler, Hawley, Lemondes, Jensen, Simpson, Goodell, Norris, Walczyk, Mikulin
 
MLTSPNSR
 
Amd 202, St Ad Proc Act
 
Requires a state agency to get approval from the senate and the assembly prior to adopting or readopting a rule on an emergency basis unless such rule is necessary on an emergency basis for the preservation of the public health, safety and general welfare of the public.
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A08603 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8603
 
SPONSOR: Ra
  TITLE OF BILL: An act to amend the state administrative procedure act, in relation to a state agency adopting emergency regulations   PURPOSE OR GENERAL IDEA OF BILL: This bill ensures that any agency that readopts an emergency regulation beyond the initial ninety-day period must have legislative authority for such action.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 provides that when an emergency rule has been implemented by an agency and the agency thereafter seeks to extend the rule by readopt- ing it, it must be approved by a concurrent resolution of the senate and assembly. In addition, the readoption of the emergency rule shall remain in effect for no longer than thirty days. An extension through readoption may be sought before the initial ninety-day period ends. Section 2 This act shall take effect immediately.   JUSTIFICATION: New York State is governed by three co-equal branches of government. While emergency powers and executive orders are sometimes needed in the face of a crisis, the shift of power that has occurred during the COVID-19 pandemic response has subjugated not just the legislature, but the entire population, to emergency rules by state agencies without public or legislative input. This is not how New York State was designed to be governed nor should it be. This bill would return New York to a system of checks 'and balances where State agencies take unilateral action to extend emergency rules without proper review. The legislature does not need to abdicate its role and delegate its authority for an effective response to any emer- gency. By returning power to the legislature and instituting a system of reasonable checks over state agencies we will ensure that the citizens of this state are properly represented.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
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A08603 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8603
 
                   IN ASSEMBLY
 
                                    January 10, 2022
                                       ___________
 
        Introduced  by  M.  of A. RA, PALMESANO -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the state administrative procedure act, in relation to a
          state agency adopting emergency regulations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a), (b) and (e) of subdivision 6 of section 202
     2  of  the  state  administrative  procedure act, paragraph (a) as added by
     3  chapter 17 of the laws of 1984 and paragraphs (b) and (e) as amended  by
     4  chapter 483 of the laws of 1988, are amended to read as follows:
     5    (a)  Notwithstanding  any  other  provision of law, if an agency finds
     6  that the immediate adoption of a rule is necessary for the  preservation
     7  of the public health, safety or general welfare and that compliance with
     8  the requirements of subdivision one of this section would be contrary to
     9  the  public  interest,  the agency may dispense with all or part of such
    10  requirements and adopt the rule on an emergency basis  except  when  the
    11  rule to be adopted is an existing adopted emergency regulation, in which
    12  case  the  agency  may  not  dispense  with  the  requirements that such
    13  readoption be approved by concurrent resolution of the senate and assem-
    14  bly.
    15    (b) Unless otherwise provided by law, such emergency  rule  shall  not
    16  remain  in effect for longer than ninety days after being filed with the
    17  secretary of state unless within such time the agency complies with  the
    18  requirements  of  subdivision  one  of  this section and adopts the rule
    19  pursuant  to  the  provisions  of  subdivision  five  of  this  section,
    20  provided,  however,  if an agency determines the readoption of such rule
    21  is necessary on an emergency basis for the preservation  of  the  public
    22  health,  safety and general welfare and compliance with the requirements
    23  of subdivision one of this section  would  be  contrary  to  the  public
    24  interest, then the readoption of such rule shall require the approval of
    25  the  senate  and  assembly  by concurrent resolution, and such emergency
    26  rule is readopted prior to the expiration of such ninety day period such
    27  readoption and any subsequent readoptions shall remain in effect for  no
    28  longer than [sixty] thirty days.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14033-01-1

        A. 8603                             2
 
     1    (e)  If,  prior  to the expiration of a rule adopted pursuant to para-
     2  graph (a) of this subdivision, the agency finds that the  readoption  of
     3  such rule on an emergency basis is necessary for the preservation of the
     4  public  health,  safety  or  general welfare, the agency may readopt the
     5  rule  on an emergency basis upon approval by the senate and assembly. No
     6  readoption shall be filed with the secretary of state unless the  agency
     7  has  submitted  a notice of proposed rule making pursuant to subdivision
     8  one of this section and such readoption has been approved by the  senate
     9  and the assembly. No second or subsequent readoption shall be filed with
    10  the  secretary  of  state  unless the agency at the same time submits an
    11  assessment of public comments prepared  pursuant  to  paragraph  (b)  of
    12  subdivision five of this section and such subsequent readoption has been
    13  approved by the senate and assembly.
    14    § 2.  This act shall take effect immediately.
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